476, 477, 478. (L.) James Fairbrother and Jane his wife and Sarah Monger , were indicted, the two first for stealing forty pair of leather shoes , val. 3 l. four awls, two pair of pinchers, one apron, and two knives , the goods of Samuel Poarch ; and Sarah Monger , for receiving twenty pair of shoes, part of the same, well knowing them to be stolen Oct. 13 . ++

Samuel Poarch . I live at the Cock Alehouse, upon Ludgate-hill; my shop was broke open on the 13th in the night, and my things took away; I took up the prisoner upon suspicion, having but a bad character ; I mist about forty pair of shoes and and pumps and all my tools. John Degen was taken up and sent to the Compter, he is the evidence; and upon Sunday morning I took up Fairbrother; I took up Sarah Monger on the Monday, in Shoe Lane, and the other woman too; Degen confest it: I went by his direction and search'd Monger's room; I found some of my goods under her bed. she said she knew nothing of them.

John Degen . James Fairbrother brought me out with him last Friday night upon a design to break

a house; going along, there was a watchman before the house, it was a stocking shop, upon Clerkenwell Green, we could not get to it ; we came back again; he had an iron pocker with him, he went and broke the stall of Samuel Poarch open; he sent me and I went to watch, he went in and came out again with a great arm full of shoes ; he then said to his wife, he would knock her brains out, if she would not take the shoes in her lap; he put them into her lap: we carried them to Elizabeth - 's room upon Addle-hill; his wife lodged there: In the morning some of them were carried to Sarah Monger 's house; he lived with her sometimes, he carried them there; I was present at the time, we threw them down, and said, we got them last night, we asked her to go out and sell them ; she said, she could not, but she would get a girl to go out with them; she knew what we went out a doing, and had seen what we used to bring into her house ; we told her we did steal them.

Q. Who told her so?

Degen. He, the prisoner Fairbrother, told her so; she put them under her bed; we threw some of the shoes over Bridwell Bridge ; and sold an apron full for a shilling.

Q. Were they all shoes?

Degen. They were all shoes; he had a pair of them himself upon his feet.

George Needham . I am constable; the evidence was apprehended on Saturday night; Fairbrother made his escape; we took him on Sunday morning, and carried him before the sitting Alderman; the receiver was taken the next day. Fairbrother denied it, and so did Monger.

James Fairbrother 's Defence.

I never was along with the man in my life to do any such thing.

Jane's Defence.

I know nothing of the affair.

Sarah Monger 's Defence.

I was not at home when the things were brought to my room; I asked, who brought them there, a woman said, that young man brought them there.

James Fairbrother , was a second time indicted, for breaking and entering the dwelling-house of Mary Shelling , and stealing three 1 b. wt. of butter, val. 20 d. five loav s of bread, val. 15 d . one earthen dish and a stone jar, val 3 d. one half 1b. wt. of Aarch, val. 3 d. one pair of gloves, one dozen of pickle cucumbers ; the goods of the said Mary, Oct. 20 . ++

The prosecutrix keeps a chandler's shop in New-street , on the 20th of Oct. she had her sash lifted up, and the things mentioned taken away; and some of them were found again at the house of Sarah Monger , where the prisoner was found, by setting fire to some straw, which brought him down out of the chimney where he had secreted himself .

Degen the accomplice deposed, he and the prisoner took the goods mentioned from out of the window, and gave directions where to find the prisoner.

A woman that keeps the cellar deposed, she saw two men taking the things, she called to them and they ran away; describing their size like the prisoner and evidence, but did not see their faces.